The information in this section ''does not'' apply to family law cases in the Victoria registry of the Provincial Court. Those cases are managed following the Early Resolution and Case Management Model, a new project being tested in that registry. The project is governed by its own rules and uses its own forms. For more information about the pilot project, read the [[Provincial Court Early Resolution and Case Management Pilot Project]] section in this chapter.
===First appearanceFinancial Statements === If a court proceeding involves spousal support or child support in any way — including claims to change an existing support obligation or cancel arrears of support that have accumulated — Rule 4 of the [http://canlii.ca/t/85pb Provincial Court Family Rules] says that each party must prepare and file a Financial Statement in Form 4. Financial Statements require each party to describe their income, expenses, assets and liabilities. Each party must swear or affirm that what they've said in their Financial Statement is true before a lawyer, notary public, or registry clerk, just like an affidavit. Each party must also provide a number of documents with their Financial Statements: #their personal tax returns for the last three tax years;#all notices of assessment and notices of reassessment they've received for the last three tax years;#their most recent paystub showing their earnings to date, or another proof of their current income such as a letter from their employer or their most recent WCB statement, social assistance statement, or EI statement; and,#if they have a company, business records like corporate income tax returns and corporate financial statements. (Note that when the form talks about "personal income tax returns," what's required is the Canada Revenue Agency's T1 Income Tax and Benefit Return, not a tax return summary or a tax return information.)
Parties The Financial Statement should be filed at the same time as the applicant's Application to a court proceeding in Provincial Court are required to attend a ''first appearance'Obtain an Order or the respondent' before a judges Reply. This is scheduled by You will need to file the judicial case manager of original, which the registrywill keep for the court file, and three copies. The parties are not consulted about registry will stamp all of the copies; you'll keep two for your records and provide the other copy to the dateother party.
Under Rule 6 Financial Statements are very important in family law proceedings. They are critical for determining child support and spousal support, and you mustn't take a casual "guesstimating" kind of approach to filling them out. You should expect that the Provincial Court Family Rulesother side will be reading your Financial Statement very carefully, and that you will find your credibility being challenged if the judge at the first appearance (or any subsequent appearance) may:<blockquote><tt>(a) numbers don't make an order that all parties consent to in respect of all sense, if they're overblown or any part of what is claimed in the application or reply; </tt></blockquote><blockquote><tt>(b) make an interim order under section 216 understated, or 217 of the ''[[Family Law Act]]''; </tt></blockquote><blockquote><tt>(c) if a party has failed to provide financial they omit critical information in accordance with rule 4. Now,</tt></blockquote><blockquote><blockquote><tt>(i) make an order requiring the party to file that financial information within a set timebe fair, </tt></blockquote></blockquote><blockquote><blockquote><tt>(ii) draw an adverse inference from that failure and impute an amount filling out this form can be difficult. The "expenses" part of income the form is often the first time many people have sat down to that party that work out what they spend in the average month on things like the judge considers appropriatecable bill, car insurance, dry cleaning, life insurance, </tt></blockquote></blockquote><blockquote><blockquote><tt>(iii) make an interim order under section 216 or 217 of the ''[[Family Law Act]]''hair cuts, and </tt></blockquote></blockquote><blockquote><blockquote><tt>(iv) clothing. However, if the judge considers that the circumstances justify it, make a final order;</tt></blockquote></blockquote><blockquote><tt>(d) adjourn the case for a specified period total of time that the judge considers appropriate;</tt></blockquote><blockquote><tt>(e) order "expenses" part is a party to allow another party to inspect and copy records, specified lot higher than your total income in the order"income" part, that are or have been in that other party's possession or control orwhich it often is, if not in that other partyI's possession or control, are within that other party's power; </tt></blockquote><blockquote><tt>(f) set a date for a family case conference under rule 7;</tt></blockquote><blockquote><tt>(g) set a date for a trial preparation conference under rule 8;</tt></blockquote><blockquote><tt>(h) if the judge does not set a date for a family case conference or for a trial preparation conference, set a trial date for the matter or set a date for a trial that is restricted m expecting to issues defined by the parties; </tt></blockquote><blockquote><tt>(i) make see a conduct order under Division 5 lot of Part 10 of the ''[[Family Law Act]]'', including an order </tt></blockquote><blockquote><blockquote><tt>(i) requiring the parties to participate debts in family dispute resolution within the meaning "assets and debts" part of the ''[[Family Law Act]]'', form or </tt></blockquote></blockquote><blockquote><blockquote><tt>(ii) requiring one or more parties or, with or without the consent of the childI's guardian, a child, m going to attend counselling, specified services or programs; </tt></blockquote></blockquote><blockquote><tt>(j) hear evidence and make an interim or final order for child or spousal support or for guardianship, parenting arrangements or contact with have a child; or</tt></blockquote><blockquote><tt>(k) make any other order or give any direction that the judge considers appropriate.</tt></blockquote></tt>lot of trouble believing you!
=== Financial Statements First appearance===If a Provincial Court proceeding involves spousal support or child support, each party must prepare and file a Financial Statement. A Financial Statement sets out a party's income, expenses, assets and liabilities, and is sworn on oath or affirmation, just like an affidavit, before a lawyer, notary public, or registry clerk.
Each party must attach Under Rule 6, the parties to their Financial Statements a court proceeding in the following documents:* Provincial Court are required to attend a "first appearance" before a judge once the last three years' worth of tax returns (what's required is respondent has filed a Reply. This will be scheduled by the complete income tax and benefit return, court registry. The parties are not tax return summaries or informations),* all notices of assessment and reassessment received for the last three tax years,* consulted about the party's most recent paystub, showing their earnings to date, or if the party isn't working, then their most recent WCB statement, social assistance statement, or EI statement, and* business records like financial statements and corporate income tax returns, if the party has a company.
The form you must use is Form 4Under Rule 6(3), set out in the [http://canlii.ca/t/85pb Provincial Court (Family) Rules]. The Financial Statement should be filed judge at the same time as the application or the reply. You will need to file the original (which the registry will keep for its file) first appearance, and 3 copies (including all at any later appearance in court, can do a lot of things to encourage the attachments), discovery and then provide one copy to the other partydisclosure process. The judge can:
Financial Statements are very important <blockquote><blockquote><tt>(c) if a party has failed to provide financial information in family law proceedings. The portions about accordance with rule 4,</tt></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(i) make an order requiring the party to file that financial information within a set time, </tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(ii) draw an adverse inference from that failure and impute an amount of income are critical for determining child support and spousal supportto that party that the judge considers appropriate, </tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(iii) make an interim order under section 216 or 217 of the ''[[Family Law Act]]'', and </tt></blockquote></blockquote></blockquote><blockquote><blockquote><blockquote><tt>(iv) if the expenses portion must be carefully completedjudge considers that the circumstances justify it, make a final order; ... Since Financial Statements are sworn statements</tt></blockquote></blockquote></blockquote><blockquote><blockquote><tt>(e) order a party to allow another party to inspect and copy records, someone making a Financial Statement can find their credibility being challenged if specified in the numbers don't make senseorder, if they that are overblown or understated have been in that other party's possession or control or, if they omit critical informationnot in that other party's possession or control, are within that other party's power; </tt></blockquote></blockquote><blockquote><blockquote><tt>(f) set a date for a family case conference under rule 7;</tt></blockquote></blockquote><blockquote><blockquote><tt>(g) set a date for a trial preparation conference under rule 8; ...</tt></blockquote></blockquote><blockquote><blockquote><tt>(k) make any other order or if they are outright fabricationsgive any direction that the judge considers appropriate.</tt></blockquote></blockquote>
== The Supreme Court ==